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(영문) 부산고등법원 2019.10.10 2019나50208
명도 및 부당이득반환청구
Text

1. The plaintiff's appeal and the plaintiff's claim added by this court are all dismissed.

2. After an appeal is filed.

Reasons

1. Basic facts

A. On June 22, 2015, the Plaintiff and the Defendant’s joint and several sureties A’s joint and several sureties A, a letter of commitment, a loan certificate, and the Defendant’s joint and several sureties A, the Plaintiff was introduced from the Defendant to the joint Plaintiff A (unregistered) in the first instance trial, which operates a restaurant at the apartment construction site, etc.

) Two cafeterias (hereinafter referred to as “instant cafeterias” and “two cafeterias” in the order of establishment of each cafeteria in the F apartment construction site in the Yanananan City, the construction site of which is executed, and, in total, hereinafter referred to as “each cafeteria of this case”.

With respect to the operation of the agreement, “written rejection of the execution of the agreement” (hereinafter referred to as “instant written rejection of agreement”) shall be as follows:

The work name: The construction period: from May 2015 to February 2018, 2018, two cafeterias (for example, the period of each 80 square restaurant business operation: 18 to 20 months, each 80 square cafeterias are carried out in good faith with the following contents:

1. On-site restaurant operation rights are jointly owned by A and the plaintiff.

2. The Plaintiff shall be entitled to the investment amount;

-investment amount: 400,000,000

3. A shall be responsible for cafeterias.

- Estimated amount: 【200,000,000

4. Earnings A and the Plaintiff’s equities shall be 50:50.

5. The plaintiff may appoint a manager (general manager) in the operation.

6. The Plaintiff shall collect the investment funds from the proceeds from the operation of the restaurant.

- The expected period of advance collection of investment amounts: approximately 8 to 10 months - After the advance collection of investment amounts, the share commitment is made.

7. Taxes and income tax generated from the operation of a restaurant shall be appropriated from the earnings of A and the plaintiff;

8. If the above site does not run, A will pay the Plaintiff’s investment amount in 2,00,000 retroactively to the principal, in addition to the monthly (interest) , 2,00,000.

2) In drawing up the instant letter of agreement, A, on the same day, shall provide the Plaintiff with the following terms and conditions (hereinafter “the instant letter of agreement”).

was prepared and delivered;

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